43 So. 3d 311 - Wolfe World, LLC v. Stumpf’s Empirical Analysis
2010
Citation profile
3 state decisions
Relationships
Relies on 977 So. 2d 880 - Samaha v. Rau · 418 So. 2d 575 - Hoefly v. Government Employees Ins. Co. · 988 So. 2d 186 - Sher v. Lafayette Ins. Co. · Cutsinger v. Redfern · Brocato v. Sun Underwriters Ins. Co. of New York
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This claim involves an insured’s first party claim against his homeowner’s insurer. The claim is based in contract, the purpose of which is to protect the insured from economic loss in the event a hazard covered under the contract damages the covered property. See Sher v. Lafayette Ins. Co., 2007-2441, p. 20 (La.4/8/08), 988 So.2d 186, 202 (discussing a policy of insurance protecting against commercial property [^damage and the purpose of such policy). In contrast, Demma involved an insured’s claim against his uninsured/underin-sured motorist provider. The uninsured motorist insurer’s Lability “is conditioned by the tortfeasor’s total or partial lack of liability insurance.” Cutsinger v. Redfern, 2008-2607, p. 5 (La.5/22/09), 12 So.3d 945, 949 , citing Hoefly v. Government Employees Ins. Co., 418 So.2d 575, 579 (La.1982). The goal of uninsured motorist coverage is to “provide full recovery for innocent automobile accident victims who suffer damages caused by a tortfeasor who is not adequately covered by liability insurance.” Cutsinger , 2008-2607, p. 5, 12 So.3d at 949 . Accordingly, it has been concluded that a claim by an insured against his uninsured motorist provider “aris[es] ex de-licto rather than ex contractu.” See Stroud v. Liberty Mut. Ins. Co., 429 So.2d 492, 501 (La.App. 3 Cir.1983). Wolfe World, 10-0209, p. 8, 43 So.3d at 316 .”
1 later decision quote this exact passage“The rule of the law is that the right of the insurers to insist upon the limitation of the time of bringing suit may be waived and, .that, if the insurer be responsible for the failure on the part of the beneficiary to seasonably bring his suit, the limitation will be deemed waived. This rule rests on the principle that one who has lulled another into security should not be allowed to take advantage of his own acts to the detriment of the other.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.